Section 13.81. Samples of liquor

(a) Each agent of a licensed vendor may not use more than one case of each brand of liquor sold by the vendor as samples during any calendar month. The samples shall be purchased only through the Board, at a sum equal to the cost price to the Board plus 25% and any required taxes. The purchase of samples at retail in any State Store is prohibited. A separate order for samples shall be placed for each agent, and the name of the agent shall appear on the order. The vendor (or the vendor’s authorized supervisor) may be permitted to purchase and distribute to the vendor’s agents the prescribed allotment for all agents under the vendor’s supervision. The vendor shall, upon request, file with the Board a statement giving the name of the vendor’s authorized supervisor, together with the territories and names of all agents under his supervision.

(b) The samples described in subsection (a) shall be restricted in size to half pints of distilled spirits, and to half bottles or smaller sizes of wine, except when operating conditions do not permit supplying the sizes, in which cases the Board may, upon proper application setting forth satisfactory reasons, permit the use of other sizes as samples.

(c) Sample bottles, before leaving the State Liquor Store, shall have affixed thereto a separate label, or lettering on the commercial label, at least 1/4 inch high, reading: ‘‘Sample. Not to be sold. Possession of this bottle by licensee unlawful.’’

(d) Each licensed vendor shall keep a permanent stock ledger record of all the samples purchased by him, the names of the agents to whom samples were issued, and the quantity and brand. Each authorized supervisor of a vendor shall keep in his office in this Commonwealth a permanent stock ledger record of all samples purchased and distributed by him to his agents as provided in this section. A requisition shall be prepared for each package removed from sample stock, bearing the signature of the agent receiving the merchandise.

The provisions of this § 13.81 amended December 17, 1999, effective December 18, 1999, 29 Pa.B. 6337. Immediately preceding text appears at serial pages (222649) to (222650).

Notation

Cross References

This section cited in 40 Pa. Code § 13.223 (relating to procurement of wine or spirits or both); and 40 Pa. Code § 13.231 (relating to general provisions).